Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Nachoman

Back door ban...

Sounds like that needs a legal challenge..


2 posted on 08/11/2005 3:41:31 PM PDT by Crim (I may be a Mr "know it all"....but I'm also a Mr "forgot most of it"...)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Crim

"(2) it is generally recognized as particularly suitable for or readily adaptable to sporting purposes; and (3) it is not a surplus military firearm." >/i>

This law needs to be repealed or rewritten to recognize self-defense as a legitimate reason for owning a firearm. The socialist Democrats enacted racist and elitist firearm prohibition legislation that allows firearm ownership for sporting purposes but not for self-defense and defense of family.

This elitist legislation discriminates disproportionately against minorities and the poor, who more often live in high crime neighborhoods with inadequate police protection, in cities run by corrupt Democrat political machines.

Also, the Second Amendment specifically recognizes the right to own firearms that are suitable for military purposes.

Reference U.S. Supreme Court - UNITED STATES v. MILLER, 307 U.S. 174 (1939), http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=307&invol=174:

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State of Tennessee, 2 Humph., Tenn., 154, 158."

. . .

"The Militia which the States were expected to maintain and train is set in contrast with Troops which they [307 U.S. 174, 179] were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia- civilians primarily, soldiers on occasion."

"The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

10 posted on 08/11/2005 4:09:57 PM PDT by FraudFactor.com (Support redistricting reform to end gerrymandering and achieve more honest and responsive government)
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson